Minutes June 21, 199433O
CITY OF DENTON CITY COUNCIL MINUTES
JUNE 21, 1994
The Council convened into the Executive Session on Tuesday, June
21, 1994 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council considered the following in Executive Session:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered action in Cohagen, et al. v. City of
Denton.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, June 21,
.1994 at 6:00 p.m. in the city Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council received report, held a discussion and gave
staff direction regarding athe implementation of the Juvenile
Diversion Task Force recommendations.
Harlan Jefferson, Treasurer, stated that at the last Council
session, members of the Juvenile Diversion Task Force had presented
three recommendations which included a teen court, a contract with
Youth and Family Counseling to make their First Offender Program
available to residents of the City of Denton and create a Juvenile
Crime Interagency Coalition. The Task Force felt it was very
important to have a community wide effort to address juvenile
issues. They did not feel it was a city, county, school district,
church or family responsibility alone. Alternatives for creating
a teen court were (1) not accept the recommendation in any form or
variation which would mean that Municipal Court would continue
operating as it currently did; (2) implement a teen court program
which would be operated solely by volunteers; (3) implement the
Task Force recommendation as presented to Council. Resources for
cash and in-kind services, office space and court space would be
needed with this recommendation. Staff was recommending
implementing the Task Force recommendation. Steps necessary to
implement the Task Force recommendation were (1) obtaining a
331
city of Denton city Council Minutes
June 21, 1994
Page 2
commitment from potential co-sponsors to support the teen court
program by having a core group of Juvenile Diversion Task Force
members meet with representatives from the school district, county,
city and a civic group to discuss their interest in the teen court
recommendation and identify potential resources from their
agencies; (2) appointing a Board of Directors by the agencies that
agreed to co-sponsor the teen court program; (3) hiring a part-
time paid coordinator by the Board of Directors who would be
responsible for training and supervising adult and teen volunteers;
and (4) applying to become a non-profit organization which would
allow the program to apply for grant funding. Alternatives for
contracting with Youth and Family Counseling were (1) not accept
the recommendation of the Task Force which would limit the
Municipal Judge's alternatives for dealing with juveniles from
dysfunctional families; (2) implement the recommendation as
presented to Council which would require the city to spend $27,091
to provide services to 120 first offenders plus would necessitate
a counseling facility and utility services for that facility, (3)
contract with Youth and Family Counseling for only extreme cases
identified by the Municipal Judge. Staff recommended Option 3
which was to contract on a limited basis for referral of juveniles
from the most dysfunctional families. As Youth and Family
Counseling was a human services agency, it would be more
appropriate for the Human Services Committee to review their
request for funding. If Council accepted staff's recommendation,
the following steps would be necessary to implement that
recommendation: (1) develop an estimate of the most serious cases
and budget associated with those cases; (2) submit a proposal to
Youth and Family Services; (3) increase the budget of the Municipal
Judge by that dollar amount and (4) sign a contract with Youth and
Family Services. Alternatives for creating a Juvenile Crime
Interagency Coalition were (1) not accept the Task Force
recommendation, (2) implement the Task Force recommendation as
presented, and (3) modify the recommendation in terms of structure
and composition by perhaps using other agencies in existence or
using city staff to coordinate the efforts among all of the
agencies. Staff recommended implementing the recommendations of
the Task Force as submitted. If that were done, the following
steps were necessary: (1) develop a mission for the coalition, (2)
appoint members of the coalition similar to the Task Force, and (3)
delegate the responsibility of appointing one or more members to
the coalition to each council member.
Council Member Cott asked that if the teen court were not
established and the Municipal Court of Record could handle this
kind of issue, was the State Court easily let out this problem.
332
City of Denton City Council Minutes
June 21, 1994
Page 3
Jefferson replied that the State Court was not involved in first
Class C misdemeanor cases.
Council Member Cott asked if the school system had agreed to
provide funds for the program.
Jefferson replied not at this time. One of the recommendations of
the Task Force was to have a core group of the task force meet with
those types of entities to determine interest and funding in the
program.
Council Member Cott felt that this was a good program but not a
good way to pay for the program. He felt that before the program
was started, there needed to be assurance that all who should be
paying for the program were doing so.
City Manager Harrell stated that if the Council was favorable to
establishing a teen court, members of the Task Force would approach
various entities to assess a degree of interest and a degree of
funding they might be able to fund the first year operation of the
teen court. Staff had already identified $7,800 for the City's
share of court which was already in the budget. If the Task Force
was successful in receiving other monetary contributions, the
City's share would not increase over what was budgeted for this
year. It was suggested to start the counseling service on a
· limited basis and would be a budget item in this year's budget.
The third recommendation regarding the establishment of a coalition
was a no cost item.
Mayor Pro Tem Brock stated that even if the City did not establish
a teen court, it still had the responsibility for dealing with
Class C Misdemeanors. The School District had no responsibility to
deal with those types of offenses even with their zero tolerance
policy. With a teen court, there was the ~possibility of
transferring a financial liability to other agencies.
Jefferson stated that that was correct. Currently the City did not
require additional funding from the School District to process
those additional case~ received as a result of the District's zero
tolerance policy.
Council Member Miller felt that the Task Force would be coordinated
with the City staff in terms of developing a budget. The teen
court was designed for those first offenders so as to discourage
them from additional offenses. This worked well in other cities
with a teen court. He was concerned with the need to contract with
an outside agency in terms of additional costs. He also had a
problem with a recommendation coming from the Human Service
333
City of Denton City Council Minutes
June 21, 1994
Page 4
Committee because although this was a counseling function, 100% of
the individuals directed to the agency was through the court system
determined by the Judges that they needed the service. Other human
services which were funded were people who came from all sources.
The City would be directing referrals to this service through the
court system. He did not feel it was in the same category as the
other kinds of services which the Human Services Committee dealt
with. He also thought there would be a more detailed budget
presented for~Council consideration. He did feel that the cost was
reasonable for what the City would be receiving.
Jefferson stated that once the budget was set on the number of
individuals using the service, that dollar amount would be paid
regardless Of the number of individuals. He also felt that the
teen court would benefit the school districts as well.
Council Member Perry suggested that the Council work carefully
through the program in'the beginning. He felt it might be best to
first start the program and determine how well it worked and then
institute the numbers. There was something to be said about joint
rehabilitation of a juvenile offender and was in favor of forming
a coalition with other agencies. When something new was started,
there was a need to work carefully through all the issues and funds
could be increased later if necessary.
Council Member Smith asked that if a first offender went through
the teen court system, he would not have a record at that point.
Jefferson replied correct that at that point he would not have a
record.
Council Member Smith felt that that was a very important reason for
trying this program and was in favor of adopting all three
recommendations and proceeding with caution.
Mayor Pro Tem Brock stated that she had understood that if the
larger amount was spent, the Youth and Family counseling service
would be available in Denton.
Jefferson replied that part of the Service's proposal was that one
of the public service agencies provide a facility in Denton for the
agency. The Task Force felt that it would be difficult to require
families to go to Flower Mound.
Council Member Cott felt that rehabilitation should come with a
known cost and that a number was needed.
334
City of Denton City Council Minutes
June 21, 1994
Page 5
Council Member Miller asked how the proposed 120 case number was
developed.
Jefferson replied that the case load from last year was looked at
to determine the number of predicted cases.
Council Member Miller asked how comfortable staff was with the
probability that there would be 120 juveniles and families who
would benefit from this kind of service.
Sandra White, Municipal Judge, replied that the 120 cases was a
conservative number and that there would be more cases than that
which would be eligible for such a program. The count did not
include any of the 17 year olds who came to court for certain types
of offenses which would be eligible for a teen court. Those cases
were now in an adult docket and were not separated from the 10-16
year olds.
Council Member Miller stated that the Judges would have to make the
determination as to which of the cases to refer and not all cases
would be able to be referred to the agency.
White replied correct.
Council Member Miller asked how this type of program would meet the
needs of the individuals.
White replied that Judge Whitten had used the program at the County
level and felt it was very effective. If the Council wanted a
joint cooperative effort, there were several entities already
interested in such a program.
Council Member Chew indicated that he was in favor of the
recommendations from the Juvenile Diversion Task Force and would
like to see the counseling program set up in Denton.
Mayor Pro Tem Brock stated that if the juvenile offenders were not
taken through this diversion process, they would go through the
court system at a much larger cost. She suggested proceeding with
a teen court and the interagency coalition but do more research on
the family counseling aspect of the recommendations.
Council Member Perry felt that accessibility was an important point
for a successful operation of this type of a court.
Mayor Castleberry asked for the staff recommendation.
335
City of Denton City Council Minutes
June 21, 1994
Page 6
Jefferson repled that the recommendations were (1) accept the
Juvenile Diversion Task Force recommendation on a teen court
implementation, (2) provide funding on a limited basis to Youth and
Family Counseling Services for severe cases in Flower Mound which
would cost approximately $5,000 and (3) create a Juvenile Crime
Interagency Coalition.
Mayor Castleberry asked how much additional money would be
necessary for each item.
Jefferson replied that a budget number had not been determined at
this time. Approximately $7,900 was available from the current
appropriation. The total amount which the City would, be
responsible for would be determined through negotiations with a
core group of members from the Juvenile Diversion Task Force and
representatives from the CoUnty, the School District~and civic
groups. The Coalition did not have a budget and Youth and Family
Services was estimated at $5,000.
Mayor Castleberry stated that staff was requesting direction to
begin negotiations and a budget would be a later item.
City Manger Harrell stated that the Task Force completed its
recommendations two weeks ago for Council consideration. The
City's proposed budget had been balanced three weeks prior to that
time period. Whatever the Council decided to do which might be
over $7,900 would have to be a budget item.
Council Member Smith stated that she would like to see something
worked out with the family counseling service. Only going through
a teen court probably would not help correct the problem and
intervention was very important with the youth. If that service
was not started, she would like staff to continue to investigate
that area. She felt it was preferable to have the service in
Denton.
Jefferson stated that he had met with members of the Denton United
Way as Youth and Family Counseling was funded by the United Way in
Flower Mound. They felt that this program could be considered for
funding in future years.
Miller motioned, Perry seconded to proceed with developing a teen
court, including participation by other groups in the city. Staff
should investigate including the counseling agency with the program
and establish the juvenile crime interagency coalition.
Council Member Cott asked if .the Miller motion included staff
returning to Council with funding recommendations prior to starting
336
City of Denton City Council Minutes
June 21, 1994
Page 7
the program.
Council Member Miller replied correct that staff would present
possible options for funding and costs.
Council Member Chew asked if the Miller motion gave staff
instructions to look into the feasibility of establishing a
counseling center in Denton.
Council Member Miller replied correct.
On roll vote, Brock "aye", Cott, ,
"aye", Miller "aye", Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
2. The Council received a report, held a discussion and gave
staff direction regarding a Chamber of Commerce request for a joint
economiq, development competitive analysis.
Bob Nelson, Executive Director for Utilities, stated that as part
of the City's partnership of economic development with the Chamber
of Commerce, a proposal had been developed to perform a study of
economic development opportunities in the City. As in any city, in
order to provide good jobs and a good ecgnomic base, existing
businesses must grow and new industries must come into the city.
Relating to this economic development issue was a major question of
what types of businesses best fit Denton's strengths and were there
good public and private services in place to help existing
businesses and industries grow and to attract new industries into
the community. The proposal would investigate those issues. There
were four different items in the scope of study: (1) a growth
analysis looking at the forecast of the community's future economic
growth and available resources of labor costs, current land use and
availability; (2) an overview of the economic development of the
market and a review of the existing economic market to determine
what unique aspects Denton had for particular industries and
businesses; (3) an assessment of the community's approach to
economic development which would look at the private and public
sector service and response to economic development; and (4) a
comparative analysis to other cities in terms of economic
development. It was estimated that such a study would cost $35-
50,000 and was proposed that the Chamber pay 50% and the City pay
50%. The Public Utilities Board recommended approval at its Monday
meeting and asked staff to reallocate funds to be available if
Council so.desired.
Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Matters from the City Manager.
337
City of Denton City Council Minutes
June 21, 1994
Page 8
The Council convened into the Regular Session on Tuesday, June 21,
1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of May 17, 1994 and the Special Call Session of May 24,
1994.
Council Member Miller indicated that in the last paragraph of page
31 of the May 17 minutes should say "should" instead of "could".
Council Member Smith stated that the first page of the May 17
minutes should indicate Mayor Pro Tem Brock and not Smith under
those present.
smith motioned, Chew seconded to the minutes'as corrected. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
3. Public Requests
A. The Council considered a request for an exception from
the noise ordinance for the Aubrey Booster Club until 11:00 p.m. on
Friday, July 15, 1994 at the Fairgrounds.
Joseph Portugal, Assistant to the City Manager, stated that an
exception had been requested to the noise ordinance for the use of
a loudspeaker by the Aubrey Booster Club. Area residents and
merchants had been considered in discussions for this event and the
original request for an exception to midnight had been changed to
11:00 p.m. The Police Department had been contacted to ensure
orderly movement of vehicles during the event.
Council Member smith asked if the stage would be behind the west
exhibit building and would face southwest.
Portugal replied correct.
338
City of Denton City Council Minutes
June 21, 1994
Page 9
Council Member Smith stated that the music would be aimed toward
the businesses.
Portugal replied correct that the organization was very careful to
project the sound away from the area residents.
Council Member Perry stated that he was pleased to see a genuine
effort made to accommodate the neighborhood. It was obvious that
an effort had been made to work with the neighborhood.
Mayor Pro Tem Brock asked if parking would be on the Fairgrounds.
Portugal replied correct and overflow provisions were also in
place. Police reserves would be used to direct traffic to and from
the event. Merchants in the area had agreed to off-site parking
but most of the parking would be on the Fairgrounds.
Perry motioned, Smith seconded to approve the exception. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. Citizen Reports
A. The Council received a citizen report from Willie
Hudspeth regarding a drainage issue and the City Council Rules of
Procedure.
Mr. Hudspeth stated that at the last meeting some members of the
audience indicated that Council was not interested in what citizens
had to say. A five minute presentation for speakers was done as a
necessity and Council really was not wanting to hear what citizens
had to say. He did not know if that were true but that was the
perception. He had called several times to the Electrical
Department to ask them to correct work on his property but never
received a return call. That was the type of response he
constantly received from City staff. He felt that southeast Denton
was being neglected. The drainage problem behind his house was not
done properly in the beginning. He felt that where Mayor Pro Tem
Brock lived, roads were done correctly. Where Council Member Perry
lived roads were done properly. Drainage was done properly in the
Woodrow Wilson area but not so in southeast Denton. He felt that
southeast Denton was being neglected and not being taken care of.
B. The Council received a citizen report from Carl Williams
regarding the reactivating of the Community Ethnic Relations Board.
Mr. Williams was not present at the meeting.
339
city of Denton City Council Minutes
June 21, 1994
Page 10
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance amending a portion of Planned Development No. 72 by
adopting a detailed plan, creating 55 residential lots known as
Cooper Landing. The 14.461 acre site was located on the north and
east sides of Bell Avenue, between Locust Street and Windsor Drive.
(The Planning and Zoning Commission recommended approval 6-0 at its
meeting of May 25, 1994.)
Frank Robbins, Executive Director for Planning and Development,
stated that as was the practice with residential or single family
residential planned developments, the building footprints had been
waived and what was available was the building envelopes. The
proposal was a substantial downzoning and if approved would
decrease the number of intensity trips allocated in the area. The
minimum lot in the proposed development was 7,000 square feet which
was consistent with the SF-7 standards..Lot width in the proposal
was 50' and SF-7 was 60'. Lot depth for SF-7 was 90' and most of
the proposed lots were 110 ' or greater. Building-coverage for SF-
7 was 35% and the proposal was 40%. The Planning and Zoning
Commission unanimously recommended approval.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 94-105
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL
PLAN FOR 14.461 ACRES OF LAND SITUATED WITHIN A PORTION OF
PLANNED DEVELOPMENT NO. 72 LOCATED NORTH AND EAST OF BELL
AVENUE BETWEEN NORTH LOCUST STREET AND WINDSOR DRIVE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
34O
City of Denton City Council Minutes
June 21, 1994
Page 11
6. Consent Agenda
Chew motioned, Perry seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase Orders:
Bid #1613 - Distribution Transformers
Bid #1618 - Hickory Creek Sanitary Sewer
B. Plats and Replats
Preliminary plat of Lots 1-55, Block A of the
Cooper Landing Addition. The 14.461 acre site was
located directly north and east of Bell Avenue,
between Locust Street and Windsor Drive. (The
Planning and Zoning Commission recommended approval
6-0· )
Preliminary plat for Lots 1 and 2, block 1, Denton
County Municipal Project on a 17.9335 acre tract
located on the east side of Ruddell Street south of
the extension of East Hickory. (The Planning and
Zoning Commission recommended approval 6-0.)
C. Tax Refunds
First American Title Company/Thomas D. Hodgson -
$567.68
LaSalle Systems Leasing, Inc. - $5,076.98
7. Ordinances
Council considered the Consent Agenda ordinances A. and B.
A. 94-106
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
341
City of Denton City Council Minutes
June 21, 1994
Page 12
B. 94-107
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR
THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the Consent Agenda
ordinances. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
C. The Council considered adoption of an ordinance amending
solid waste rates for sanitary landfill use as authorized by
Chapter 24 of the Code of Ordinances of the City of Denton by
amending the charges for use of the landfill; and adding a separate
charge for yard waste diverted from the landfill.
Bob Nelson, Executive Director for Utilities, stated that the
purpose of the ordinance change was to bring the City's recycling
of cardboard projects in line with the market. A 30 yard container
would be charged $125 per month instead of $150 and a 42 yard
container would be charged $150 instead of $200. This reduction
would put the City in a competitive range for its customers.
The following ordinance was considered:
NO. 94-i08
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SOLID WASTE
RATES FOR SANITARY LANDFILL USE AS.AUTHORIZED BY CHAPTER 24 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING THE
CHARGES FOR USE OF THE LANDFILL; ADDING A SEPARATE CHARGE FOR
YARD WASTE DIVERTED FROM THE LANDFILL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the agreement
between the City of Denton and Baker-Shiflett/Emcon relating to
professional engineering services for expansion of the landfill.
Howard Martin, Director of Environmental Operations, stated that
this request would be for an increase of an existing contract with
342
City of Denton City Council Minutes
June 21, 1994
Page 13
Baker-Shiflett/Emcon for an increased level of geotechnical
investigations for the new landfill site. The current contract was
for $110,000 and the proposal would increase the amount by $66,700
for a total amount of $177,000. Of that $66,700 increase, $25,000
would be removed from the existing HDR contract. Part of that work
would be moved into the Baker-Shiflett contract. The primary
reason for the increase was due to Subtitle D regulations and an
increased level of hydrogeological and geotechnical
characterization of the site. The primary areas of focus of
concern would be an analysis of hydrogeological conditions of the
ground water underneath the site and the geotechnical analysis
associated with the composite liner and collection system.
The following ordinance was considered:
NO. 94-109
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO.
TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND BAKER-
SHIFLETT/EMCON RELATING TO PROFESSIONAL ENGINEERING SERVICES
FOR EXPANSION OF THE LANDFILL; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. Resolutions
A. The Council considered adoption of a resolution
confirming the appointments by the City Manager of Charldean
Newell, Dennis Stephens, and Jana Bates to the Denton Civil Service
Commission.
The following resolution was considered:
NO. R94-026
A RESOLUTION OF THE CITY OF DENTON, TEXAS CONFIRMING THE
APPOINTMENTS BY THE CITY MANAGER OF CHARLDEAN NEWELL, JANA
BATES AND DENNIS STEPHENS TO THE DENTON CIVIL SERVICE
COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
343
City of Denton City Council Minutes
June 21, 1994
Page 14
9. The Council considered approval of a resolution readopting a
policy for tax abatement for the City.
City Manager Harrell stated that this resolution would renew an
existing policy regarding tax abatements for the City. By State
law, this must be done every two years.
The following resolution was considered:
NO. R94-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
READOPTING A POLICY FOR TAX ABATEMENT FOR THE CITY; AND
DECLARING AN EFFECTIVE DATE.
Chew motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. The Council considered adoption of an ordinance amending the
boundaries of Enterprise Zone II.
Linda Ratliff, Economic Development Coordinator, stated that this
ordinance would amend the boundaries of Enterprise Zone II. The
purpose of an Enterprize Zone was to encourage development, growth
and expansion in the private sector and to stimulate the creation
of jobs within the boundary of the zone. This was also a marketing
tool used when marketing industrial sites and a community with such
a zone was seen as a community which was serious about industrial
recruitment. The economy had changed quite a bit since the
original designation and unemployment had gone down. This meant
that not as much area could be added. Georgia-Pacific had
indicated a desire to become designated as an enterprise project.
As an enterprise project, a company would commit to hiring 25% of
new hires from people who live within the zone or who were
considered economically disadvantaged. In return, they would
receive state sales rebates on construction materials used in
projects and on new equipment plus a discount on corporate
franchise tax on depreciable capital acquired during the five years
as an enterprise project. The major change from the Department of
Commerce requirement which was not an original requirement was that
a city now had to provide an incentive to a business that located
within an enterprise zone which was not offered to businesses not
located in an enterprise zone. The proposed ordinance indicated
that should a business locate within the enterprise zone apply,
qualify and be awarded tax abatement, the City would rebate an
additional 5% making a total tax incentive of 30%.
344
city of Denton City Council Minutes
June 21, 1994
Page 15
Council Member Cott stated that a number of years ago this was the
way to go. He asked what was currently happening in the State.
Ratliff replied that having an enterprise zone had helped the City
make the first cut with many industrial prospects.
City Manager Harrell stated that Georgia-Pacific was not receiving
tax abatements and would receive the State enterprise zone rebates.
The following ordinance was considered:
NO. 94-110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AMENDING THE BOUNDARIES OF ENTERPRISE ZONE II WITHIN THE
LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL
JURISDICTION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
11. The Council considered approval of a resolution nominating
Georgia-Pacific Corporation as an Enterprise Zone Project.
Linda Ratliff, Economic Development Coordinator, stated that this
resolution would recommend Georgia-Pacific to be nominated as an
enterprise zone project.
Mayor Castleberry stated that this item was a public hearing.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following resolution was considered:
NO. R94-025
A RESOLUTION OF THE ¢IT¥ OF DENTON, TEXAS NOMINATING GEORGIA-
PACIFIC CORPORATION AS AN ENTERPRISE PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
345
City of Denton City Council Minutes
June 21, 199~4
Page 16
Chew motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
12. The Council considered nominations/appointments to the City's
Boards and Commissions.
Mayor Castleberry stated that Council would vote on the nominations
made at the last meeting.
Perry motioned to appoint those individuals nominated at the
previous meeting. (Attachment A) On roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council made additional nominations as noted on Attachment A.
13. Vision Update
The Council representatives on the Vision Project indicated that
they did not have anything to report at this time.
14. Miscellaneous matters from the City Manager.
Council continued with Work Session Item #2.
2. The Council received a report, held a discussion and gave
staff direction regarding a Chamber of Commerce request for a joint
economic development competitive analysis.
Council Member Smith asked what the Public Utilities Board had
decided on in the way of financing.
Nelson stated that the Public Utilities Board requested staff to
make available up to $25,000 for the study. There were funds
targeted for a water rate study which would be done in-house.
Mayor Pro Tem Brock asked how the sums were determined for the
projected costs of the project.
Nelson replied that they were estimates from professionals in the
business. A comprehensive project of this nature should be able to
target the issues in the dollar range of $40-50,000.
' Mayor Pro Tem Brock asked who would select the consultant.
346
City of Denton City Council Minutes
June 21, 1994
Page 17
Nelson replied that selection would be done by a committee of City
representatives and economic development representatives from the
Chamber of Commerce.
Council Member Perry asked how the proposal differed from current
economic development from the City and from the Chamber.
Nelson stated that the economic development partnership with the
Chamber was primarily promoting ideas of different businesses and
trying to find the businesses for Denton. It was primarily a
marketing activity looking for industry and visiting with new
prospective industries. The proposal would focus and would
determine what were the unique characteristics of Denton which
would be attractive to other industries. Those characteristics
might include what was the labor market for Denton, what was the
geological location, what was the transportation system, etc. It
was felt that there was a need for an objective, external view of
how the City's policies respond to the development community.
Council Member Perry felt that the scope and detail of the proposal
would be far beyond what was ordinarily done.
Nelson replied correct.
Richard Hayes - Chairman, Board of Chamber of Commerce, stated that
the proposal was one part of a strategic plan for economic
development which the Chamber had been working on this year. The
strategic plan included input from various entities within the
City. It contained five focus items, the first of which was a
competitive analysis study which would look at key trends, the
market place and economy for competing and specific programs in
place. It would determine how well the City was competing with
area cities. An external study would indicate an objective
assessment of the current programs. The other items were (2) a
City-wide importance of business educational campaign; .(3)
increasing Denton's visibility in the metroplex; (4) increasing
Denton's commercial/industrial tax base by $36 million this year;
and (5) achieving air quality compliance by October l, 1994. Each
of those plans required a renewed commitment from the Chamber and
some of the plans required participation from the City. The steps
needed to accomplish the economic study were (1) obtain a
commitment from the Chamber Board of Directors which was done when
the Chamber agreed to provide up to $20,000 for the study; (2) seek
participation of the City Council and staff; (3) establish a scope
of study; (4) identify a third party to do the study; and (5)
request Council, as it was in the budget process, to consider
making dollars available for other aspects of the Chamber's
strategic plan, specifically Step 3 which would require a different
347
city of Denton City Council Minutes
June 21, 1994
Page 18
marketing approach than Step 4. The Chamber, the city and the DISD
all spent money on marketing and he felt that those entities should
be combined for best usage of all of those dollars.
Council Member Miller asked for a target date for completion of the
study.
Hayes replied that September 1 was the target date but realized
that that date might be hard to reach.
Mayor Pro Tem Brock stated that she had been concerned for some
time that perhaps the public funds which were being spent for
economic development might be spent more productively if there were
a more comprehensive strategy. There had been some surveys which
were too superficial but she was in favor of such a study if there
was sufficient City participation.
Brock motioned, Miller seconded to approve the participation. On
roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. Staff would like to schedule a time for a tour of the
proposed CIP programs and 3-4 hours would be needed for that tour.
Consensus of the Council was that the tour should be scheduled for
July 26th.
15. The Council took the following official action on Executive
Session items:
Smith motioned, Perry seconded to hire the lawfirm of Wolfe, Clark
& Henderson in the Cohagen matter. On roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
16. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. .Council Member Chew asked for a work session discussion
regarding the feasibility of constructing a convention center in
Denton.
B. Council Member Smith asked for a review of the human
services funding procedures before the next funding sessions.
348
City of Denton City Council Minutes
June 21, 1994
Page 19
C. Council Member Smith indicated that it was time for the
Council to work on the~Council's adopt-a-spot.
Consensus of the Council was to set that date for July 18 at 6:00
p.m.
D. Mayor Pro Tem Brock suggested reviewing the human
services guidelines after the budget deliberations.
E. Mayor Pro Tem Brock expressed interest in establishing a
committee such as suggested by Carl Williams.
Council Member Chew agreed and suggested waiting to hear from Mr.
Williams before putting the item on an agenda for discussion.
F. Council Member Miller asked for a discussion regarding
the Lalor funding agencies.
17. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 8:20 p.m.
iNNIF~R WALTERS
CITY DF DENTON, TEXAS
/
BOB CASTLEBERRY, MA~OR ~
CITY OF DENTON, TEX~S ~
/
ACC001EC